Fatal shooting termed justifiable homicide

Published: Thursday, February 3, 2011 at 4:12 p.m.

Last Modified: Thursday, February 3, 2011 at 4:12 p.m.

OCALA – A man who shot and killed another man in what appeared to be a botched home invasion robbery last month will not be charged with the man's death.

Sheriff's detectives said that after meeting with officials at the State Attorney's Office they have decided the incident was a justifiable homicide.

On the night of Jan. 19, William Fishbaugh was visiting a friend, Craig Rosenbaum, at 1391 NE 188th Ave., when his girlfriend asked for a cigarette. Fishbaugh told detectives he went outside to get her a cigarette from a car and a masked man hit him in the face with a piece of steel rebar. Fishbaugh said he ran back inside, chased by the masked man.

He told detectives the masked man hit him a second time and threatened to kill him.

Fishbaugh said he ran into a room in which he had left his 9mm handgun, grabbed the gun and fired two shots at the masked man, one of which struck him in the upper torso.

Fishbaugh said the masked man ran into a bathroom and collapsed. Fishbaugh said he cut off the man's shirt and applied pressure to the wound. He said he removed the mask and discovered the man was James Robert Hicks, 28.

Hicks was taken to Munroe Regional Medical Center, where he later died.

According to reports, Rosenbaum allegedly owed Donald Wayne "Donnie" Greene, 19, some money. Fishbaugh alleges that Greene wanted him to break into Rosenbaum's home and take some pills and give them to Greene. Greene, Fishbaugh said, would sell the pills and share the money with him.

After Fishbaugh refused to do Greene's bidding, officials say Greene tried to recruit others to help and found Hicks.

Hicks had been arrested Jan. 12 for retail petit theft, driving while license suspended or revoked, and obtaining property by means of worthless check. He was released from jail the next day. It was not clear when and where Hicks and Greene met.

The day after Hicks was shot, detectives found Greene and took him to the Sheriff's Office for an interview. They say Greene admitted asking for help with his scheme and that he and Hicks talked about the plan.

Greene was arrested and charged with one count of solicitation to commit robbery and one count of solicitation to commit burglary. He was released from the jail Jan. 29.

Mike Mongeluzzo, the detective who worked the case, said, "It's a sad case for everyone."

<p>OCALA – A man who shot and killed another man in what appeared to be a botched home invasion robbery last month will not be charged with the man's death.</p><p>Sheriff's detectives said that after meeting with officials at the State Attorney's Office they have decided the incident was a justifiable homicide.</p><p>On the night of Jan. 19, William Fishbaugh was visiting a friend, Craig Rosenbaum, at 1391 NE 188th Ave., when his girlfriend asked for a cigarette. Fishbaugh told detectives he went outside to get her a cigarette from a car and a masked man hit him in the face with a piece of steel rebar. Fishbaugh said he ran back inside, chased by the masked man.</p><p>He told detectives the masked man hit him a second time and threatened to kill him.</p><p>Fishbaugh said he ran into a room in which he had left his 9mm handgun, grabbed the gun and fired two shots at the masked man, one of which struck him in the upper torso.</p><hr />
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<hr /><p>Fishbaugh said the masked man ran into a bathroom and collapsed. Fishbaugh said he cut off the man's shirt and applied pressure to the wound. He said he removed the mask and discovered the man was James Robert Hicks, 28.</p><p>Hicks was taken to Munroe Regional Medical Center, where he later died.</p><p>According to reports, Rosenbaum allegedly owed Donald Wayne "Donnie" Greene, 19, some money. Fishbaugh alleges that Greene wanted him to break into Rosenbaum's home and take some pills and give them to Greene. Greene, Fishbaugh said, would sell the pills and share the money with him.</p><p>After Fishbaugh refused to do Greene's bidding, officials say Greene tried to recruit others to help and found Hicks.</p><p>Hicks had been arrested Jan. 12 for retail petit theft, driving while license suspended or revoked, and obtaining property by means of worthless check. He was released from jail the next day. It was not clear when and where Hicks and Greene met.</p><p>The day after Hicks was shot, detectives found Greene and took him to the Sheriff's Office for an interview. They say Greene admitted asking for help with his scheme and that he and Hicks talked about the plan.</p><p>Greene was arrested and charged with one count of solicitation to commit robbery and one count of solicitation to commit burglary. He was released from the jail Jan. 29.</p><p>Mike Mongeluzzo, the detective who worked the case, said, "It's a sad case for everyone."</p><p><i>Contact Austin L. Miller at 867-4118 or austin.miller@starbanner.com.</i></p>